In this appeal to New York State's Commissioner of Education Betty A. Rosa, Dr. Rosa noted that the Petitioner challenged certain alleged actions by officers or employees of the school district's Board of Education [Board] involving a report of alleged child abuse to the Child Protective Services [CPS] of the New York State Office of Children and Family Services.
Petitioner had alleged that one or more of the school district's officers or employees knowingly filed, or contributed to the filing of, a false CPS complaint against Petitioner. For relief, Petitioner asked the Commissioner to provide "prospective relief such as increased training, formation of an “oversight committee … to ensure accountability,” and an improved "and expanded hiring practices".
The Board contended that the appeal to the Commissioner must be dismissed as untimely, for lack of jurisdiction and that the Commissioner was unable to grant Petitioner the relief Petitioner had requested.
Commissioner Rosa dismissed Petitioner's appeal, explaining that New York State's “Social Services Law §§411-28 sets forth the scheme for mandatory reporting by school officials of suspected cases of child abuse or maltreatment”. Commissioner Rosa also opined that “the Commissioner of Education has no authority to review whether reports to CPS are appropriate pursuant to Social Services Law”.
In addition, Commission Rosa noted that the Commissioner of Education has no authority to request that school officials discontinue filing reports of suspected abuse to CPS or that school officials contact the student's parent [or guardian] prior to submitting such reports to CPS, citing Appeal of M.I.B., 55 Ed Dept Rep, Decision No. 16,847.
The Commissioner then dismissed Petitioner's appeal for lack of jurisdiction.
Click HERE to access Commissioner's Rosa's decision posted on the Internet.